Untitled document

Anglican Trusts Corporations (Amendment) Act

2000

Act No. 56/2000

TABLE OF PROVISIONS

Section Page

1.	Purpose	2
2.	Commencement	2
3.	Principal Act	2
4.	Title inserted	2
5.	Definitions	2
6.	New section 8A inserted	3

8A. Number of trustees 3

7. New section 12B inserted 3

12B. Joint use or ownership of church trust property 3

8.	References to Church Assembly	5
9.	Name of the Church	5

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ENDNOTES 6

i

Victoria

No. 56 of 2000

Anglican Trusts Corporations

(Amendment) Act 2000†

[Assented to 8 November 2000]

Preamble

1.         The Act No. 797 of the Parliament of Victoria provides for the establishment by each diocese in Victoria of a corporate body of trustees.

2.         All dioceses have agreed that it is desirable that the Act be amended to enable certain changes to be made to the composition, including the number, of the members of a trusts corporation.

3.         All dioceses have also agreed that it is desirable that the Act be amended to enable the use of church property jointly with a church of another denomination in certain circumstances.

Anglican Trusts Corporations (Amendment) Act 2000

s. 1 Act No. 56/2000

4.         It is expedient to enact legislation for those and other related purposes.

The Parliament of Victoria therefore enacts as follows:

1. Purpose

The purpose of this Act is to make certain amendments to the Act No. 797 of the Parliament of Victoria.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Principal Act

See:
Act No. 797

and	In this Act, the Act No. 797 of the Parliament of
amending	Victoria is called the Principal Act.
Act No. 10194. Law Today: dpc.vic. gov.au

4. Title inserted

Before the preamble to the Principal Act insert—

"Anglican Trusts Corporations Act 1884".

5. Definitions

In the Principal Act—

(a)

in section 1, insert the following ' "trusts corporation", in relation to a

diocese, means the corporate body of trustees constituted within the diocese under this Act.';

(b) in section 12A(1), omit the definition of "Trusts Corporation".

Anglican Trusts Corporations (Amendment) Act 2000

Act No. 56/2000 s. 6

6. New section 8A inserted

After section 8 of the Principal Act insert—
"8A. Number of trustees

The Synod of a diocese may, by Act of Synod, alter the composition, including the number, of trustees constituting the trusts corporation of the diocese.".

7. New section 12B inserted

After section 12A of the Principal Act insert—

"12B. Joint use or ownership of church trust

property

(1) If an Act of the Synod of a diocese provides

for a scheme of co-operation to be entered

into—

(a)	with or involving a church of another denomination or any congregation or activity of such a church; and
(b)	for the use of specified real or personal property vested in the trusts corporation of the diocese—

the trusts corporation may permit that
property to be used, managed and
administered under and in connection with
that scheme during its continuance in such a
manner and on such conditions as are
specified in the scheme.

(2) The proceeds of sale or mortgage or any other dealing with property referred to in sub-section (1) may be applied in such

manner as may be determined under the
scheme.

Anglican Trusts Corporations (Amendment) Act 2000

s. 7 Act No. 56/2000

(3) The conditions referred to in sub-section (1)

may include conditions with respect to—

(a) for the acquisition, construction,

the making of contributions of money assets vested in or held on behalf of either or both the trusts corporation and the co-operating church or congregation; and

(b) the giving and taking of security or charge in accordance with the scheme over any property in respect of contributions of money or money's worth made or received under the scheme and any property vested in the trusts corporation in any scheme is, to the extent set out in the scheme, charged accordingly.

(4) The Registrar-General, the Registrar of

Titles and any person dealing in good faith and for value with any property vested in the trusts corporation is not bound to enquire whether any security or charge referred to in sub-section (3) exists and is not deemed to have notice of any such security or charge by reason only of this Act or the existence of a scheme of co-operation under this section and—

(a) a conveyance, transfer or other assurance to another person operates as a discharge of any security or charge so referred to, in so far as the property conveyed, transferred or assured would, but for this sub-section, be so subject; and

Anglican Trusts Corporations (Amendment) Act 2000

Act No. 56/2000 s. 8

(b) a mortgage or charge in favour of another person has priority over any security or charge so referred to that affects the property mortgaged or charged in favour of that person.

(5) This section applies in relation to all
property at any time held by a trusts
corporation of a diocese except to the extent
that any property is held subject to any
express trust expressly forbidding its use in

any manner referred to in this section.

(6) Sub-section (5) does not prevent the use of

trust property in a manner referred to in this
section if the property was merely directed to
be held on trust for the worship or purposes

of the Church.".

8. References to Church Assembly

In the Principal Act—

(a) in sections 1, 2, 4, 9, 12 and 14, for "Church Assembly" (wherever occurring) substitute "Synod";

(b) in section 4A(1), omit "Church";

(c) in section 12, for "said Assembly" substitute "Synod".

9. Name of the Church

In the Principal Act—

(a) in the definition of "Church" in section 1, for "Church of England" substitute "Anglican Church of Australia";

(b) in section 7, omit "the colony of".

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Anglican Trusts Corporations (Amendment) Act 2000

Endnotes Act No. 56/2000

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 29 August 2000

Legislative Council: 5 October 2000

The long title for the Bill for this Act was "to amend the Act No. 797 of
the Parliament of Victoria and for other purposes."